000 01579cam a2200229 4500
001 ABS64530
008 010924n2001 000 0 eng u
035 _a(Sirsi) u114796
245 4 _aThe jurisdiction of arbitrators
260 _c2001
490 _aArbitration Law Monthly
_v1(6) August 2001, 1-5(5)
520 _aDiscusses CA's ruling in "LG Caltex Gas Co Ltd and Contigroup Inc v China National Petroleum and China Petroleum Technology & Development Corporation". CA reversed Aikens J's earlier decision that the parties had entered into an ad hoc agreement to give the arbitrator jurisdiction to decide whether there was a binding contract of sale between them, and that this agreement therefore precluded any challenge to the arbitrator's ultimate award that there was no sale agreement between them. CA found that, under Arbitration Act 1996 s67, Caltex was allowed to challenge the ruling of the arbitrator that he had no jurisdiction. Discusses what must be derived from this decision regarding the approach parties should take where a jurisdictional problem arises before the arbitrator (Partly taken from journal headnote).
590 _aABS
650 _aJURISDICTION
650 _aAD HOC AGREEMENTS
650 _aLG CALTEX GAS LTD AND CONTIGROUP INC V CHINA NATIONAL PETROLEUM AND CHINA PETROLEUM TECHNOLOGY & DEVELOPMENT CORPORATION
650 _aARBITRATION ACT 1996 S67
650 _aCONTRACT OF SALE
650 _aARBITRATORS
690 _aMANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
942 _n0
999 _c68342
_d68342